[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76147-76149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31290]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-844]


Final Results of Expedited Sunset Review of Countervailing Duty 
Order: Certain Lined Paper Products From India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 1, 2011, the Department of Commerce (the Department) 
initiated a sunset review of the countervailing duty (CVD) order on 
certain lined paper products (CLPP) from India pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation 
of Five-Year (``Sunset'') Review, 76 FR 45778 (August 1, 2011) 
(Initiation Notice). On the basis of a notice of intent to participate 
and an adequate substantive response filed on behalf of domestic 
interested parties and an inadequate response (in this case, no 
response) from respondent interested parties, the Department decided to 
conduct an expedited sunset review of this CVD order pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C). As a 
result of this review, the Department finds that revocation of the CVD 
order would be likely to lead to continuation or recurrence of a 
countervailable subsidy at the level indicated in the ``Final Results 
of Review'' section of this notice.

DATES: Effective Date: December 6, 2011.

FOR FURTHER INFORMATION CONTACT: Eric Greynolds, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street & Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-6071.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2011, the Department initiated a sunset review of the 
CVD order on LPP from India pursuant to section 751(c) of the Act. See 
Initiation Notice, 76 FR 45778 (August 1, 2011). The Department 
received a notice of intent to participate on behalf of the Association 
of American School Paper Suppliers (AASPS) and its individual members--
MWV Consumer & Office Products (MWV), Norcom, Inc., and TopFlight, Inc. 
(collectively, petitioners), within the deadline specified in 19 CFR 
351.218(d)(1)(i). The petitioners claimed interested party status under 
sections 771(9) (F) and 771(9)(C) of the Act, as an association of 
domestic producers of CLLP and domestic producers of CLPP, 
respectively.
    The Department received a complete substantive response from the 
petitioners within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). However, the Department did not receive a substantive 
response from any respondent interested party to this proceeding. As a 
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited review 
of this order.

Scope of the Order

    The scope of this order includes certain lined paper products, 
typically school supplies,\1\ composed of or including paper that 
incorporates straight horizontal and/or vertical lines on ten or more 
paper sheets,\2\ including but not limited to such products as single- 
and multi-subject notebooks, composition books, wireless notebooks, 
looseleaf or glued filler paper, graph paper, and laboratory notebooks, 
and with the smaller dimension of the paper measuring 6 inches to 15 
inches (inclusive) and the larger dimension of the paper measuring 8\3/
4\ inches to 15 inches (inclusive). Page dimensions are measured size 
(not advertised, stated, or ``tear-out'' size), and are measured as 
they appear in the product (i.e., stitched and folded pages in a 
notebook are measured by the size of the page as it appears in the 
notebook page, not the size of the unfolded paper). However, for 
measurement purposes, pages with tapered or rounded edges shall be 
measured at their longest and widest points. Subject lined paper 
products may be loose, packaged or bound using any binding method 
(other than case bound through the inclusion of binders board, a spine 
strip, and cover wrap). Subject merchandise may or may not contain any 
combination of a front cover, a rear cover, and/or backing of any 
composition, regardless of the inclusion of images or graphics on the 
cover, backing, or paper. Subject merchandise is within the scope of 
this order whether or not the lined paper and/or cover are hole 
punched, drilled, perforated, and/or reinforced. Subject merchandise 
may contain accessory or informational items including but not limited 
to pockets, tabs, dividers, closure devices, index cards, stencils, 
protractors, writing implements, reference materials such as 
mathematical tables, or printed items such as sticker sheets or 
miniature calendars, if such items are physically incorporated, 
included with, or attached to the product, cover and/or backing 
thereto.
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    \1\ For purposes of this scope definition, the actual use or 
labeling of these products as school supplies or non-school supplies 
is not a defining characteristic.
    \2\ There shall be no minimum page requirement for looseleaf 
filler paper.Specifically excluded from the scope of this order are:
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     Unlined copy machine paper;
     Writing pads with a backing (including but not limited to 
products commonly known as ``tablets,'' ``note pads,'' ``legal pads,'' 
and ``quadrille

[[Page 76148]]

pads''), provided that they do not have a front cover (whether 
permanent or removable). This exclusion does not apply to such writing 
pads if they consist of hole-punched or drilled filler paper;
     Three-ring or multiple-ring binders, or notebook 
organizers incorporating such a ring binder provided that they do not 
include subject paper;
     Index cards;
     Printed books and other books that are case bound through 
the inclusion of binders board, a spine strip, and cover wrap;
     Newspapers;
     Pictures and photographs;
     Desk and wall calendars and organizers (including but not 
limited to such products generally known as ``office planners,'' ``time 
books,'' and ``appointment books'');
     Telephone logs;
     Address books;
     Columnar pads & tablets, with or without covers, primarily 
suited for the recording of written numerical business data;
     Lined business or office forms, including but not limited 
to: preprinted business forms, lined invoice pads and paper, mailing 
and address labels, manifests, and shipping log books;
     Lined continuous computer paper;
     Boxed or packaged writing stationery (including but not 
limited to products commonly known as ``fine business paper,'' 
``parchment paper,'' and ``letterhead''), whether or not containing a 
lined header or decorative lines; and
     Stenographic pads (steno pads), Gregg ruled,\3\ measuring 
6 inches by 9 inches.

    \3\ ``Gregg ruling'' consists of a single- or double-margin 
vertical ruling line down the center of the page. For a six-inch by 
nine-inch stenographic pad, the ruling would be located 
approximately three inches from the left of the book.
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    Also excluded from the scope of this order are the following 
trademarked products:
     FlyTM lined paper products: A notebook, 
notebook organizer, loose or glued note paper, with papers that are 
printed with infrared reflective inks and readable only by a 
FlyTM pen-top computer. The product must bear the valid 
trademark FlyTM.\4\
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    \4\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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     ZwipesTM: A notebook or notebook organizer made 
with a blended polyolefin writing surface as the cover and pocket 
surfaces of the notebook, suitable for writing using a specially-
developed permanent marker and erase system (known as a 
ZwipesTM pen). This system allows the marker portion to mark 
the writing surface with a permanent ink. The eraser portion of the 
marker dispenses a solvent capable of solubilizing the permanent ink 
allowing the ink to be removed. The product must bear the valid 
trademark ZwipesTM.\5\
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    \5\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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     FiveStar[supreg] AdvanceTM: A notebook or 
notebook organizer bound by a continuous spiral, or helical, wire and 
with plastic front and rear covers made of a blended polyolefin plastic 
material joined by 300 denier polyester, coated on the backside with 
PVC (poly vinyl chloride) coating, and extending the entire length of 
the spiral or helical wire. The polyolefin plastic covers are of 
specific thickness; front cover is 0.019 inches (within normal 
manufacturing tolerances) and rear cover is 0.028 inches (within normal 
manufacturing tolerances). Integral with the stitching that attaches 
the polyester spine covering, is captured both ends of a 1'' wide 
elastic fabric band. This band is located 2\3/8\'' from the top of the 
front plastic cover and provides pen or pencil storage. Both ends of 
the spiral wire are cut and then bent backwards to overlap with the 
previous coil but specifically outside the coil diameter but inside the 
polyester covering. During construction, the polyester covering is sewn 
to the front and rear covers face to face (outside to outside) so that 
when the book is closed, the stitching is concealed from the outside. 
Both free ends (the ends not sewn to the cover and back) are stitched 
with a turned edge construction. The flexible polyester material forms 
a covering over the spiral wire to protect it and provide a comfortable 
grip on the product. The product must bear the valid trademarks 
FiveStar[reg] AdvanceTM.\6\
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    \6\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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     FiveStar FlexTM: A notebook, a notebook 
organizer, or binder with plastic polyolefin front and rear covers 
joined by 300 denier polyester spine cover extending the entire length 
of the spine and bound by a 3-ring plastic fixture. The polyolefin 
plastic covers are of a specific thickness; front cover is 0.019 inches 
(within normal manufacturing tolerances) and rear cover is 0.028 inches 
(within normal manufacturing tolerances). During construction, the 
polyester covering is sewn to the front cover face to face (outside to 
outside) so that when the book is closed, the stitching is concealed 
from the outside. During construction, the polyester cover is sewn to 
the back cover with the outside of the polyester spine cover to the 
inside back cover. Both free ends (the ends not sewn to the cover and 
back) are stitched with a turned edge construction. Each ring within 
the fixture is comprised of a flexible strap portion that snaps into a 
stationary post which forms a closed binding ring. The ring fixture is 
riveted with six metal rivets and sewn to the back plastic cover and is 
specifically positioned on the outside back cover. The product must 
bear the valid trademark FiveStar FlexTM.\7\
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    \7\ Products found to be bearing an invalidly licensed or used 
trademark are not excluded from the scope.
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    Currently, merchandise subject to this order is typically imported 
under headings 4810.22.5044, 4811.90.9050, 4820.10.2010, 4820.10.2020, 
4820.10.2030, 4820.10.2040, 4820.10.2060, and 4820.10.4000 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The tariff 
classifications are provided for convenience and customs purposes; 
however, the written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (Decision Memorandum) from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Paul Piquado, Assistant Secretary for Import Administration, dated 
concurrently with this notice, which is hereby adopted by this notice. 
Parties can find a complete discussion of all issues raised in this 
review and the corresponding recommendation in this public memorandum 
which is on file electronically via Import Administration's Antidumping 
and Countervailing Duty Centralized Electronic Service System (IA 
ACCESS). Access to IA ACCESS is available in the Central Records Unit, 
room 7046, of the main Commerce building. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the Web 
at http://ia.ita.doc.gov/frn. The electronic versions of the Decision 
Memorandum in IA ACCESS and on the Web are identical in content.

Final Results of Review

    The Department determines that revocation of the countervailing 
duty order would be likely to lead to continuation or recurrence of a 
countervailable subsidy at the rates  listed below:
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    \8\ Kejriwal Exports, a division of Kejriwal Paper Limited was 
excluded from the order on the basis of de minimis subsidies during 
the period of investigation.

[[Page 76149]]



------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                  Producers/exporters                         subsidy
                                                            (percent)
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Aero Exports...........................................             7.52
Navneet Publications...................................            10.71
All Other Producers/Exporters \8\......................             9.89
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Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

     Dated: November 29, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-31290 Filed 12-5-11; 8:45 am]
BILLING CODE 3510-DS-P